IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.753 of 2025 Date of decision :-05.02.2025 Dharambir Singh @ Dharambir Thakran …..Petitioner Versus Smt. Santosh and others …..Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Ms. Mehak Ghangas, Advocate for the petitioner.

NIDHI GUPTA J. (Oral)

Prayer in this petition is for setting aside the impugned order dated 16.10.2023 (Annexure P-11) passed by the learned Civil Judge (Jr. Divn.), Gurugram vide which opportunity to further cross-examination of the witness/defendant No.1 Santosh Devi stand closed by Court order; and also for setting aside the order dated 26.11.2024 (Annexure P-15) vide which the application filed by the plaintiff for recalling the order dated

16.10.2023 was dismissed.

On 16.10.2024 the following impugned order was passed by the learned Civil Judge (Jr. Divn.), Gurugram :-

“Witness Santosh Devi is present in Court since 10:00 AM for her cross-examination. Learned counsel for the petitioner appeared to get his presence marked and was informed qua presence of witness. He requested to examine the witness after some time. However, he has not re-appeared to cross-examine the witness. It is already 4:00 PM. No further wait is justified. Witness was partly cross-

examined earlier. The opportunity to cross-examine this witness further stands closed by court order.

Witnesses namely Umesh Kumar and Zile Singh are examined as DW7 and DW8. Their examination in chief is recorded. Sh. Chaman Lal, Advocate, Local Commissioner has been appointed for the purpose of recording their statement. File has been handed-over to the Local Commissioner and he is directed to record the statement of witnesses in the court room itself. Fee of Local Commissioner paid.

Since, learned counsel for the petitioner has not cross-examined these witnesses, cost of Rs. 500/- is imposed upon the petitioner to be paid in DLSA, Gurugram. Witnesses are directed to appear on next date of hearing.

Let, the case be listed on 29.01.2024 for cross-examination of DW7 and DW8 and remaining evidence on behalf of defendant, at own responsibility.”

And on 26.11.2024, the following order (Annexure P-15)

has been passed by the learned Civil Judge (Jr. Divn.), Gurugram, which reads as follows :-

“Today, the case was fixed for rebuttal evidence. At this stage, it has been brought to the notice of the undersigned by the learned counsel for plaintiff that an application on behalf of plaintiff for recalling the order dated 16.10.2023 is pending to be decided.

Arguments on the said application heard.

Learned counsel for the plaintiff submitted that the Ld. Predecessor Court closed the opportunity to cross-examine the witness of the defendant on 16.10.2023. It is further submitted that due to heavy burden of work, plaintiff did not appear as well as the counsel had to leave the court premises due to urgency in the house. Hence, application may be allowed.

Learned counsel for the defendant submitted that sufficient time was given to the plaintiff for cross-examination of the defendant witness and hence, the present application is just to delay the proceeding and is liable to be dismissed.

Heard. Record perused.

This court has perused the order dated

16.10.2023 where the Ld. Predecessor has specifically mentioned that Witness Santosh Devi is present in Court since 10:00 AM for her cross- examination. Learned counsel for the petitioner appeared to get his presence marked and was informed qua presence of witness. He requested to examine the witness after some time. However, he has not re-appeared to cross-examine the witness. It is already 4:00 PM. No further wait is justified. Witness was partly cross-examined earlier. The opportunity to cross-examine this witness further stands closed by court order.

Witnesses namely Umesh Kumar and Zile Singh are examined as DW7 and DW8. Their examination in chief is recorded. Sh. Chaman Lal, Advocate, Local Commissioner has been appointed for the purpose of recording t